Sources of International Law

Question 1

What is the fundamental feature of the sources of international law and its criteria

Answer 1

Customary international law:
- it is about habit and obligation and the key feature is that states INTEND to be be bound by it.

The Criteria Needed:

1. Intention to be bound
2. consistent state practise (gov, courts and parliament)
3. opinio juris - A belief in a legal obligation or a belief to have a legal duty (shown through diplomatic correspondence or legal advisors)

Question 2

What are the rules regarding a persistent objector?

Answer 2

The state who objects avoids the application of the rule of law.

Question 3

Explain a case where there has been a debate over customary international law.

Answer 3

North Sea Continental Shelf Case:

• Denmark and Netherlands have dispute over principle of equidistance which included prolonging their territories.
• The principle was meant to be of customary int law.
• Germany contended that states should have a ‘just equitable distance’ share in proportion to their border.

Legal question.
- is Article 6 of the Geneva Convention binding on all parties? and can customary int law be applied?

• NO - Parties are in no obligation to apply this principle under the convention or as party of customary international law.